Van Eeckhoute v. United States, 10337.
| Decision Date | 21 November 1935 |
| Docket Number | No. 10337.,10337. |
| Citation | 79 F.2d 827 |
| Parties | VAN EECKHOUTE v. UNITED STATES. |
| Court | U.S. Court of Appeals — Eighth Circuit |
D. W. Peters, of Jefferson City, Mo., for appellant.
Otto Schmid, Asst. U. S. Atty., of Kansas City, Mo. (Maurice M. Milligan, U. S. Atty., of Kansas City, Mo., on the brief), for the United States.
Before GARDNER, WOODROUGH, and FARIS, Circuit Judges.
The appellant was convicted of violating the revenue laws and presents as the sole question for our consideration on his appeal that the alcohol which was received in evidence against him was obtained by illegal search of his automobile.
There was testimony tending to show that George L. Craig, a witness for the government, was an investigator for the Internal Revenue Department and had known of appellant for several years prior to October 5, 1934, although he had never met appellant before the arrest on that date; that an informer from whom the witness had received reliable information on former occasions had given him information to the effect that appellant was delivering liquor in a certain Plymouth coupé, bearing certain license plates, from a certain dwelling house in Jefferson City, Mo.; that subsequent to receiving this information and a few nights previous to the search of the car, the witness and another investigator, one Wheeler, had gone out in an open field behind this house and had watched the place until nearly midnight; that this was on a dark rainy night and the agents were within fifty yards of the house; that while they were watching, a Plymouth coupé made three trips into the place under observation, just driving in and stopping a few minutes and then leaving. Mr. Craig also testified that from where Mr. Wheeler and he watched this house they could smell the odor of whisky. The house was not appellant's home, and was vacant in the sense that no one and dwelling in it. That on the night of the search, October 5, 1934, Mr. Wheeler and the witness parked their car in a ball park in the vicinity of the house and waited approximately forty-five minutes, when a Plymouth coupé corresponding to the car described by the informer was driven up to where Monroe street entered the ball park, the occupants of the car turned out the lights, leaving the motor running, and waited until another car which was in the adjacent service station had been serviced and driven away; then this Plymouth coupé was driven in past the brick house described by the...
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